Considerations for concussion/mild traumatic brain injury cases

My article has been published by The Lawyer’s Daily, part of Lexis Nexis Canada Inc. Here it is and hope you enjoy the article and all the research that went into it: Considerations in concussion, mild traumatic brain injury cases By Priscilla Cicek One of the challenging factors in managing concussion/mild traumatic brain injury cases […]

Loss of Housekeeping 2019

Two recent decisions yield two different approaches by the Courts as it pertains to loss of housekeeping capacity. In the first example, the Court rejected the claim for loss of housekeeping as a separate head of damage and addressed this loss under the non-pecuniary award. In the second example, the Court was satisfied that a […]

Cost of Future Care 2019

It is always useful to review the test to determine whether an award under the heading of costs of future care is appropriate. A recent decision awards the Plaintiff $64,371 for cost of future care and I quote from this decision the Court’s comments: [412] Claims for cost of future care need to be medically justified […]

Rule 11-8 “Unconstitutional and of no force or effect”

We have written about Rule 11-8 on Case Law Corner and you may want to review the articles noted below for a refresher on the limitations placed on expert evidence in the Province of British Columbia. Articles: Experts in Vehicle Actions Joint Experts – Considerations Today is an amazing day because access to justice has […]

The Innocence Project

When there’s a purpose, you will find passion. What an engaging discussion last night at the Law Courts’ Inn with Tamara Levy, QC who spoke to us about the Innocence Project in both Canada and the United States. Tamara Miriam Levy graduated from Osgoode Hall Law School in 1996 and has since built a career […]

Striking a jury notice / “wait and see” approach – ONSC

Having the right to a trial by jury is a substantive right and applying to court to strike a jury notice is not an easy application. Cogent reasons must be presented to succeed in such an application. We review an Ontario Superior Court of Justice decision in which a Defendant applies to strike a jury […]

Refusal to accept reasonable offer results in double costs

This recent costs hearing referenced as Godbout v Notter, 2019 BCSC 1481 (CanLII) is an example of when an insurance company allegedly takes advantage of the difficult financial circumstance of the Plaintiff by refusing to make or accept a reasonable offer, the strategy being that the difficult circumstance the Plaintiff is in will force them […]

Adjudicative Independence

A recent Court of Appeal for Ontario decision has affirmed a Divisional Court’s decision in favour of the Plaintiff setting aside a LAT’s decision that the Plaintiff had not met the threshold test for “catastrophic impairment”. A new hearing has been ordered. The Court of Appeal states: While it made no finding of any actual […]

Defamation and anti-SLAPP Applications

A defamation application takes a toll on people. These actions are not easy. There is a very recent decision that provides great information about anti-SLAPP applications, which is a dismissal application brought by a Defendant who has been named in a defamation action on the basis that the case lacks merit. The interesting point about […]

Permanent Serious Impairment – ONSC

It is always helpful to review decisions in other jurisdictions for insight as often times we see a parallel in the law. In this article, we look at an Ontario Superior Court decision referenced as St. Marthe v. O’Connor, 2019 ONSC 1585 (CanLII) in which the Plaintiff successfully proved that the injury he sustained in […]